Defenses to drunk driving used in San Jose

On behalf of Law Office of Ronald A. Cabanayan posted in dui defense on Thursday, March 22, 2018.

Being charged with driving under the influence (DUI) in California can be worrisome. You likely don't know what will happen next, especially if this is the first time you've been in such a situation. There's a chance you could lose your license. There's a chance you could face hefty fines. There's also a chance you could face time in jail. To avoid these sentences, you need to use the following defenses to DUI in San Jose.

Mistake of fact

A common defense is called mistake of fact. This is when the subject in the case honestly believes that he or she was not driving under the influence. This defense is most commonly used when the person takes prescription medication that can cause impairment. The person usually believes that the impairment effects wore off, but ultimately they did not.

Improper stop

Improper stop is usually the biggest defense used to fight a DUI charge. Improper stop is argued when it is believed that the officer who initiated the traffic stop did so without having probable cause.

Accused was not the driver

Another type of defense that can be used, but is not done so often, is that the person charged with the DUI was not the person driving the vehicle. This is known as accused was not the driver. It could be possible that the driver switched places with a passenger.

Chain of custody

The chain of custody of the blood test is another DUI defense used in San Jose. Criminal defense attorneys will argue that the right chain of command was not followed when a blood test was administered to the subject or that the test results were tampered with at some point.

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